CS/CS/HB 959

1	A bill to be entitled
2	An act relating to administrative, licensure, and
3	programmatic monitoring of mental health and substance
4	abuse service providers; amending s. 402.7306, F.S.;
5	including mental health and substance abuse providers for
6	purposes of administrative, licensure, and programmatic
7	monitoring; requiring the Department of Children and
8	Family Services, the Department of Health, the Agency for
9	Persons with Disabilities, the Agency for Health Care
10	Administration, community-based care lead agencies,
11	managing entities, and contracted monitoring agents to
12	adopt policies for the monitoring of child welfare, mental
13	health, and substance abuse service providers; limiting
14	the frequency of administrative, licensure, and
15	programmatic monitoring of mental health and substance
16	abuse service providers under certain conditions;
17	providing a definition; exempting federal certification
18	and precertification reviews from certain monitoring
19	requirements; providing for certain documentation to be
20	posted by the provider on a data warehouse; providing an
21	effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 402.7306, Florida Statutes, is amended
26	to read:
27	402.7306  Administrative monitoring of for child welfare
28	service providers; administrative, licensure, and programmatic
29	monitoring of mental health and substance abuse service
30	providers.-The Department of Children and Family Services, the
31	Department of Health, the Agency for Persons with Disabilities,
32	the Agency for Health Care Administration, and community-based
33	care lead agencies, managing entities, as defined in s.
34	394.9082, and contracted monitoring agents of the agencies shall
35	identify and implement changes that improve the efficiency of
36	administrative monitoring of child welfare services and
37	administrative, licensure, and programmatic monitoring of mental
38	health and substance abuse services. To assist with that goal,
39	each such agency shall adopt the following policies:
40	(1)  Limit administrative monitoring of child welfare
41	service providers to once every 3 years if the service child
42	welfare provider is accredited by the Joint Commission on
43	Accreditation of Healthcare Organizations, the Commission on
44	Accreditation of Rehabilitation Facilities, or the Council on
45	Accreditation of Children and Family Services. If the
46	accrediting body does not require documentation that the state
47	agency requires, that documentation shall be requested by the
48	state agency and may be posted by the service provider on the
49	data warehouse for the agency's review. Notwithstanding the
50	survey or inspection of an accrediting organization specified in
51	this subsection, an agency specified in and subject to this
52	section may continue to monitor the service provider as
53	necessary with respect to:
54	(a)  Ensuring that services for which the agency is paying
55	are being provided.
56	(b)  Investigating complaints or suspected problems and
57	monitoring the service provider's compliance with any resulting
58	negotiated terms and conditions, including provisions relating
59	to consent decrees that are unique to a specific service and are
60	not statements of general applicability.
61	(c)  Ensuring compliance with federal and state laws,
62	federal regulations, or state rules if such monitoring does not
63	duplicate the accrediting organization's review pursuant to
64	accreditation standards.
65
66	Medicaid certification and precertification reviews are exempt
67	from this subsection to ensure Medicaid compliance.
68	(2)  Limit administrative, licensure, and programmatic
69	monitoring of mental health and substance abuse service
70	providers to once every 3 years if the service provider is
71	accredited by the Joint Commission, the Commission on
72	Accreditation of Rehabilitation Facilities, or the Council on
73	Accreditation of Children and Family Services. For the purpose
74	of this section, "mental health and substance abuse service
75	provider" means a provider regulated or licensed under chapter
76	394 or chapter 397 who provides services to the state's priority
77	populations as described in s. 394.674. If the services being
78	monitored are not the services for which the provider is
79	accredited, the limitations of this subsection do not apply. If
80	the accrediting body does not require the documentation that the
81	state agency requires, that documentation, except documentation
82	relating to licensure applications and fees, shall be requested
83	by the state agency and may be posted by the service provider on
84	the data warehouse for the agency's review. Notwithstanding the
85	survey or inspection of an accrediting organization specified in
86	this subsection, an agency specified in and subject to this
87	section may continue to monitor the service provider as
88	necessary with respect to:
89	(a)  Ensuring that services for which the agency is paying
90	are being provided.
91	(b)  Investigating complaints, identifying problems that
92	would affect client safety or the viability of the service
93	provider, and monitoring the service provider's compliance with
94	any resulting negotiated terms and conditions, including
95	provisions relating to consent decrees that are unique to a
96	specific service and are not statements of general
97	applicability.
98	(c)  Ensuring compliance with federal and state laws,
99	federal regulations, or state rules if such monitoring does not
100	duplicate the accrediting organization's review pursuant to
101	accreditation standards.
102
103	Federal certification and precertification reviews are exempt
104	from this subsection to ensure federal compliance.
105	(3)(2)  Allow private sector development and implementation
106	of an Internet-based, secure, and consolidated data warehouse
107	and archive for maintaining corporate, fiscal, and
108	administrative records of child welfare, mental health, or
109	substance abuse service providers. A service provider shall
110	ensure that the data is up to date and accessible to the
111	applicable agency under this section and the appropriate agency
112	subcontractor. A service provider shall submit any revised,
113	updated information to the data warehouse within 10 business
114	days after receiving the request. An agency that conducts
115	administrative monitoring of child welfare, mental health, or
116	substance abuse service providers under this section must use
117	the data warehouse for document requests. If the information
118	provided to the agency by the service provider's data warehouse
119	is not current or is unavailable from the data warehouse and
120	archive, the agency may contact the service provider directly. A
121	service provider that fails to comply with an agency's requested
122	documents may be subject to a site visit to ensure compliance.
123	Access to the data warehouse must be provided without charge to
124	an applicable agency under this section. At a minimum, the
125	records must include the service provider's:
126	(a)  Articles of incorporation.
127	(b)  Bylaws.
128	(c)  Governing board and committee minutes.
129	(d)  Financial audits.
130	(e)  Expenditure reports.
131	(f)  Compliance audits.
132	(g)  Organizational charts.
133	(h)  Governing board membership information.
134	(i)  Human resource policies and procedures.
135	(j)  Staff credentials.
136	(k)  Monitoring procedures, including tools and schedules.
137	(l)  Procurement and contracting policies and procedures.
138	(m)  Monitoring reports.
139	Section 2.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.